What other kinds of problems should I be concerned about?
Basically, if you're acting reasonably and responsibly, maintaining your property and carrying homeowner's insurance, you shouldn't fret about liability. If you're planning any changes to your property, however, you should investigate local laws to ensure that any changes will not violate them. The following areas can hold special concern:
Waterfront areas. If you live along a river or stream, state and local laws designed to protect wildlife habitats may preclude your clearing brush or changing the lay of the land. Don't make these changes without checking with your department of conservation, natural resources, or wildlife, usually located in the state capital.
Pollution. You could be liable for the cost of cleaning up pollution stemming from underground oil tanks or old dump sites on your property, whether or not some other party caused the problem in the first place. Look into this before you buy a piece of property, because there's not much you can do about it afterward. Ask the seller if there are any such problems, and have your lawyer include a clause in your purchase agreement that covers you in the event such problems arise. If there's special concern because of the unique nature of the property, you might even consider hiring an environmental consultant.
Wetlands. Federal laws govern the draining and filling of wetlands. If you have places on your property that are boggy even part of the year, avoid serious legal trouble by finding out what your responsibilities are before making changes. You might start with your state's department of environmental protection, probably located in the state capital. The federal Office of Wetlands Protection in Washington, D.C., also might be able to help.
Utility lines. As a rule, you are not liable for maintenance of utility lines crossing your property. To be safe, don't do anything to cause potential damage to utility lines, such as planting fast-growing trees under them.
Copyright © 2004 American Bar Association